Gender Discrimination in Public Employment A Case Study.pptx

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1. Gender Discrimination in Public Employment A Case Study of Municipal Corporation of Delhi v. Female Workers (Muster Roll) Mannat Walia Prakriti Gupta

2. introduction Pregnancy is indeed a special and transformative period in a woman's life, fostering a deep bond between mother and child. Maternity leave plays a crucial role in allowing women to recover physically, emotionally, and mentally while also nurturing the early stages of motherhood.

3. Evolution of maternity laws EARLY HISTORY EARLY 20 th CENTURY MID 20 th CENTURY LATE 20 th CENTURY & EARLY 21 st CENTURY RECENT DEVELOPMENTS

4. Municipal Corporation of Delhi v. Female Workers (Muster Roll) SLP (Civil) no. 12797 of 1998 FACTS: Municipal corporation of Delhi (MCD) employed a large number of workers, including female workers, on a muster roll basis. They were paid less than their male counterparts who were similarly engaged in similar work. They argued this is clear violation of Article 14 and Article 16 of Indian Constitution. Also principle of equal pay for equal should be considered. ISSUES: Whether female workers employed on muster rolls should be entitled to the same benefits and rights as regular employees, particularly concerning wages, allowances, and other service benefits. JUDGMENT: The Supreme Court of India ruled in favor of the female workers, directing the Municipal Corporation of Delhi to ensure that these workers receive equal wages for equal work. According to Justice S. Saghir Ahmad and D.P Wadhwa, Article 14 of Indian Constitution states everyone must be treated equally before law Article 39 state has the duty to treat men and women equal by giving equal pay for work. Article 42 provides just and human conditions and maternity relief. Article 43 provides living wages to maintain standard of living. Maternity Benefit Act 1961, working women should be provided with facilities and benefits so that they overcome motherhood.

5. Applicable on women who as an employee has worked at least 80 days during previous 12 months of pregnancy. Rights Provided: 12 weeks of maternity leave One month leave for recovery from serious illness experienced during pregnancy Adoptive and commissioned mothers can take 12 weeks of paid leave 6 week leave in case of miscarriage or pregnancy termination Financial assistance of Rupees 3500 by central government provided to expectant mothers

6. MATERNITY BENEFITS (AMENDMENT BILL) 2017 Applicable to all establishments which include factories, mines, plantations, government establishments, shops and establishments under the relevant applicable legislation, or any other establishment as may be notified by the central government. ELIGIBILITY: A woman must have been working as an employee in an establishment for a period of at least 240 days within the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence

7. Other important cases related to maternity